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Home My WebLink About; |BARTMAN, FRED JR/CITRON/H.F.H. LTD./FRANK, JR.|CITRON/H.F.H., LTD./BARTMAN, JR./FRANK, JR.|FRANK, JR./CITRON/H.F.H., LTD./BARTMAN, JR.|H.F.H. LTD./BARTMAN, JR./FRANK, JR./CITRON|; 87-305011; Easement7!k',t ; oa) .. 4! ,. 900394-2 * Escrow hi. 9445396 y.0; 1-614 . L:snN?. ' *. 5 WHEN R~CORDED MAIL TO: City of Carlsbad 1200 Elm Avenue Attn: Vincent P. Biondo, Esq. Carlsbad, CA 92008-1989 -? . :-It Ju;au- ,.""., ,/ .. : ;,;. : i -,$>! ! :5,,!&6L 'It; .i,;c;iQ:; i i $ >:;;,!{ 2;i.p; Cgijrf] .f,f;;,,j I . . \a:,+ 1 I .* .; . . r ,..- L .?", > ~.~. 1587 JuM -2 pg 12: 36 ~,tfll! J\, I.+. i '< i i' 1 cogs 1 y j;kQq.y;:,i{ t i SPACE ABOVE THIS LINE FOR RECORDER'S US I MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $ ............................ NONE-EXENPT ...... Computed on the consideration or value of property ( ...... Computed on the consjderation or value less liens or I ,/-"repaining at timep'f sale. -0- Exq / 1 i.l 'J 7- " .I L&g&,,,) <;- ~ jE5 : f?c-,"</z-.< .. I ".. ,*&S Signature of Declarant'or /j$ent deterrnining tax - Fi ,&-pq #!&j ., 6) " g8 "-5 i /$ %p4 / GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, H..F.H., LTD. , a Calif, Tinited Partnership and FRELI A. BAFDM?U, JR. , a married man as his sole and separate prc I-IARRY J.L. FM, JR., a married. man as his sole and separate property and CEILE c. (c Em, TRUSTEE Of the BERNARD CITRON TRUST established under the Will of Bernard Citn hereby GRANT(S) to CITY OF CARLSBAD, a ,Municipal coqmration the real property in the City of Carlsbad County of San Diego , State of California, Portions of Lots 8 through 25 and 33 in Hosp Eucalyptus Forest Canpanys' Tract No. City of Carlsbad, County of San Diego, State of California, according to Map there( filed in the Office of the County Recorder of San Diego County, June 8, 1908, and q particularly described on the complete legal description attached hereto and made ( THIS CONVEYANCE IS MADE SU&TECT TO AL;L ?GVlFLG OF RECORD. ** and FRED A. BARWi, JR., TRUSTEE of the WILLIAM S. BARTMAN MARITAL TRUST establish Will of William S. Bar-, Deceased and FRED A. BARTMAN, JR., TRUSTEE of the WILLL RESIDUARY TRUST established under the Will of William S. Bartman, Deceased Dated May 26, 1987 SEE SIGNATUXF, PAGE A'ITACHED HERETO A PART HEREOF. I evidence) to be th n(s) whose name(s) is/are subscribed to the within instrum cknowledged to me that he/she/they executed and and official seal. (This area for official notarial seal) v y 4 c 1 * .A First American Etle Insurance Company A subsidiary of The First American Financial Corporation ~ ". . .. 3 'g , , LUU1U.l Y ur +-?a /I - 0 5 , 9; ~' : ;$v7% 24, /--G$" :.e ,before me, the undersigned, u a Notary 1 l.15 Publi @ nd for - a said Sthte,c~ersonally appeared ~ = J.L. m, JR.""""""""""""- c - t- """"""""""""""""""""""""""""""""" c m q. ._ ~-",, """"""""""""""""""""""-- L ~ E, "* """""~"""""""""""""""""""""" Q - Y .- - LL 2. 1 m 3 >- U C 73 ._ - 1 - N ?? 'D 7 0 0 m personally known to me (or proved to me on the basis Of satis- factory evidence) to be the perso@) whose name) ismsub- scribed to the within instrument and acknowledged to me that h-y executed the Same WITNESS my hand an offlclal seal. Signature @& (This area for official notarial seal) E, Jq+@-l!l eb "- yxJ!-cQ: ," STATE OF CALIFORNIA g COUNT OF -J A#- Jss. 0 E, 01.i37 A% /Fi7 2' ,before me, the underslqned, a Notary Public in and for - e a, sald State, p onally appeared ~ CECIm CITRoX am', TRUSTEE i? "" t- C ._ -------------"--""""""""~"""""~ .- -------~---~--~--"~""""~~""~ a, i a t ~"~""""""""""~""""""""""""""""~ c P % factoryevidence) to be the person@?) whose name& islxesub- 2 scribed to the withln instrumen: and acknowledged to me that E. SCHRElSER 5 Wshe-executed the same. F WITNESS my !ay d'ficial 'D ._ personally known to me (or proved to me on the basls of satis- LL 3 .- U - - N " fi& ,.; .- 0 0 m Signature( (This area for offlcial notarial seal) J-cHL&Bc-~ k __ x STATE OF CALIFORNIA z COUNTY OF ~ &PJ P/u b cFLz.f :ss. 0 2 said State, personally appeared ~ FmD A. BARTMAN, m.r TRUSTEE t- k On %?X, / ~m ,before me, the underslgned, a Notary Public in and for .""""" - "-""_--_""-~."~"-~"~"""""-~- 2 E' "_""""""""""""""""""""""""""""""" ~ .- """""_""""""""""""""""""""""""""" i - Q - .- F LL m 3 - - E ? D C - - - N B 'D r 0 0 m personally known to me (or proved to me on the basls of satis- factoryevidence) to be the personl3$whose nametqis/& sub- scribed to the within instrument and acknowledged to me that he/- executed the same. WITNESS my /y& han Ky Cccziscion Erp. thi. 17, 1983 Signature ~ i . ~ (This area for official notarial seal) a* J- t P/fiZ/ @e=" X STATE OF CALIFORNIA i COUNTYOF . Ms & mm E z ._ sald State, p .&dnallyappeared .. FRED A. BARTAN, JR./ TRUSTEE .""""" ISS 0 0 On &rn x, /?a f before me. the underslgned. a Notary Pubilc In and for t- .................................... GA E C ""--"""""""""""~"""""""" -------------""-""""""""""""" ~ 6 c - U 2, - - m 3 E U C .- - - N - io_ B 0 0 m 7 personally known to me (or proved to me on the bass of satis- factoryevidence) to be the personm whose namex) ~smsub- scribed to the within instrument and acknowledged to me that helmexecuted the same. WITNESS my handJfX4 Signature c (This area for officla! notarla! seal) Z.Jc../y#-f & 0 e= ~ ~. "~ . " .. 1. s. I' * ', 1 8L d " * SIGNATURE' PAGE a, .o 1716 .* i , ', """""""""""""" ,.,,?- - - - - """""""""""""" ,.,,?- - - - - - - FRED A, BARTMAN, r7R. Partnership - " FRED A, BARTMAN, r7R. -/ %;gW/ - "4' "- . " "" - """" HARRY . FRANK, JR. 42-&&zLu ""_ 3 a (CITRON ) CECILE C. BARTMAS, Trustee of THE BERNARD CITRON TRUST T- q[/f/ T- ,. I /,// >,Y /,/",/[, l'r;x i,/"g"Jj'i'&'LfiL<.. if - y\.. / "f/ f L* -"-J """""""""""" -.,,<// "" -, dT FRED A. BARTMAN, JR., Trustee of THE WILLIAM S. BARTMAN MARITAL TRUST c/ 4," /i , ., {' ,!-f/ i! ;> ?I f', *."'L".~ . ,g/ (LC& ,Ld/-, &,d&f,@*Q.L,,L. L/ i i// (\, i ,/ """"""""""""-"" +/T"' FRED A. BARTMAN, JR., Trustee '.if THE WILLIAM S. BARTMAN$ RESIDUARY TRUST 1 * z d E 0 V w U z 4 & 3 $ s 2 0 .9 E V > m Q 0 E, a! b- - - .- c m .- i ; a +- L .- LL c m 3 -0 .- 73 C - 1 - N s! 5? r STATE OF CALIFORNIA LOS ANGELES 1 ss. i COUNTY OF d a On May 26, 1987 before me, the undersigned, a Notary Public in and for said County and State, personally appeared Robert E * Getz gWjersonally known to me; 0 proved tO me od the basis of satisfactory evilence, rtnership that executed the me that such Partnership R ~ srHRRTRRR Name (Typed or Printed) *L%ys?x?.$Et:m PR:NC:PAL Ci'FICE IN m OJ a - c .- I\;otary Public in and for said Countv and Slate STATE OF CALIFORNIA COUNTY OF L& &/r: '!m-.s ISS. SEAL OR S On dm&)/ a, /-~$8, ,befo;e me, the undersigned, a Notary Pubhc in and for sald State, personally appeared FRED A. mm, JR.-------"----------- 1 ~~ "_ ~""""""""""""~"""""--" "~"_~""""""""""""~""--""""" ~""""""""""""""""""""--"-" ~ Y persona\ly known to me (or proved to me on the bass Of satis- factory evidence) to be the personM whose name@ is/ scribed to the within instrument and acknowledged to he- executed the same. WITNESSF~~~~~:~ ,. : UW~LL. uGabnAs I L\YI ,. ' ,I I ' ,ORDER NO.. 900394-2 .. -,@ \1 1 ,\ 1 .t 0 1ri7 W .% The lad referred to herein is situated in the State of California, Count San Diego, and is described as follows: PARCEL 1 Portions of Lots 8, 9, 10, 11, 12, 13, 14, 15 and 16 in Hosp Eucalyptus Fc Company's Tract No. 1, in the City of Carlsbad, County of San Diego, Stat California, according to Map thereof No. 1136, filed in the Office of the C Recorder of San Diego County, June 8, 1908, described as follows: Commencing at the Southeast corner of said Tract, thence along the East li said Tract North 00'56'20'' East, 2263.66 feet, said.point being South 00'5 West, 414.74 feet from the West Quarter corner of Section 32, Township 11 S Range 4 West, San Bernardino Base and Meridian; thence North 89'18'10'' 46.07 feet to the True Point of Beginning; said point being on a non-ta curve concave Southeasterly and having a radius of 310.00 feet, a radial li said point bears North 43O14'53" West; thence Southwesterly along said through a central angle of 41"33'00" an arc distance of 224.81 feet; t leaving said curve North 89'18'10" West 557.72 feet; thence South 61'25'08" 305.23 feet, thence North lO"19'07" West, 374.05 feet; thence North 79'4 East, 272.00 feet; thence North 02'01'30'' West, 699.16 feet to a point on a tangent curve concave Southwesterly and having a radius of 761-50 feet, a t line to said point bears North 10'06'51'' East, thence Southeasterly along curve through a central angle of 03'23'09" an arc distance of 45.00 feet, t tangent to said curve South 76'30'00" East, 350.95 feet, thence North 1.00 thence South 76'30'00" East, 339.00 feet; thence South 350.00 feet; thence 06"51'59" East 261 .I1 feet to the True Point of Beginning. Excepting therefrom that portion described as follows: Cmmencing at the Northeasterly corner of Carlsbad Tract No. 77-2, Unit E according to Map thereof No. 9813 filed in the Off ice of the County Recordc said San Diego County, September 26, 1980; thence North 1'01'10" East, alol Easterly line of said Hosp Eucalyptus Forest Company' s Tract No. 1, 843.48 thence North 89'11'20'' West, 46.07 feet to the True Point of Beginning a1 beginning of a non-tangent curve, concave Southeasterly and having a radj 310.00 feet; thence Southerly along said curve through a central ang 41'32'50'' an arc distance of 224.79 feet; thence leaving said curve, 89"11'20" West, 30.085 feet to the beginning of a non-tangent curve, CI Southeasterly and having a radius of 340.00 feet: thence Northerly ~OQ curve through a central angle of 45'35' 15" and arc distance of 270.52 thence leaving said curve South 6"45'09" East, 36.41 feet to the True Po Beg inni ng . I; I , . . 1 ::,. ~ " ,. . . ,, > . ... .. , . ~ . . .. I. I" . -.. : >A*,: ;> :i b, , . . I. ,: .LL' -; :i ..: .", :"- .>!. ,I~ i+ , .. ,% , <. \I 9 \ .\ am B 3 .I718 LEGAL DESCRIPTION ORDER NO. 900394-2 PARCEL 2 Portions of Lots 8, 9, 10, 16, 17, 18, 23, 24, 25, Canon Street 81 Eucalyptus Street in Hosp Eucalyptus Forest Company's Tract No. 1 , in the of Carlsbad, County of San Diego, State of California, according to Map tt: No, 1136, filed In the Office of the County Recorder of San Diego County, 8, 1908 described as follows: Commencing at the most Southwesterly corner of Lot 25 in said tract; 1 along the Southwesterly line of said Lot 25 North 23"27'45" West, 195 .OO thence North 68'30'2c)" East, 360.41 feet to the True Point of Beginning; 1 North 18'09'57" West, 40.89 feet to the beginning of a tangent curve cc Northeasterly and having a radius of 1042.00 feet; thence Northwesterly said curve thru a central angle of 14'35' 28" an arc distance of 265.33 thence tangent to said curve North 03"34'35" West 94.02 feet to the beginn: a tangent curve concave Southwesterly and having a radius of 458.00 feet; 1 Northwesterly along said curve thru a central angle of 22"18'38" an arc di: of 178.34 feet; thence tangent to said curve North 25'53'13" West 189.20 fc the beginning of a tangent curve concave Northeasterly and having a rad 1042.00 feet; thence Northwesterly along said curve thru a central an( 10' 17 '57" an arc distance of 187.30 feet; thence tangent to said curve 15"35'16'' West , 108.41 feet to the beginning of a tangent curve c Southwesterly and having a radius of 20 .OO feet; thence Northwesterly alon curve thru a central angle of 88'16'48" an arc distance of 30.82 feet to a of cuep with a curve concave Northwesterly and having a radius of 838 radial line to said point of cusp bears South 13'52'04" East; Northeasterly along the last mentioned curve thru a central angle of 01' an arc distance of 25.17 feet; thence tangent to said curve North 74'24'44 140.00 feet to the beginning of a tawent curve concave Northwesterly and a radius of 838.50 feet; thence Northeasterly along said curve thru a c angle of 13'24'44" an arc distance of 196.28 feet; thence tangent to saic North 61'00'00" East, 174.31 feet to the beginning of a tangent curve c Southeasterly and having a radius of 761.50 feet, thence Easterly alon curve thru a central angle of 39'06'51" an arc distance of 519.85 feet; Sourh OO"O1'30" East 699.16 feet; thence South 79'40'53" West, 272 .OO thence South 10"19'0711 East 374.05 feet; thence South 68'30'20" West , feet to the True Point of Beginning. Excepting therefran an 84 foot wide strip of land, 42.00 feet each side following described centerline: Commencing at a point on the Westerly line of said Lot 25 distant thereo said Westerly line North 68'37'10" East (record North 68"30'28" East pe 402.52 feet to the True Point of Beginning; thence North 18'03'07" West feet to the beginning of a tangent curve, concave Easterly and having a of 1000.00 feet; thence dong said curve through a central angle of 14'35 arc distance of 254.64 feet; thence tangent to said curve North 3"27'44 109.90 feet to the beginning of a tangent curve, concave Westerly and h radius of 800.00 feet, thence along said curve through a central a] 23O27'45" West, 195 .OO feet from the Southwest corner thereof; thence + I> , .. >. I ,f .a 0 1719 ID , \ .\ LEGAL DESCRIPTION ORDER NO. 900394-2 25"22'30" an arc distance of 354.30 feet; thence tangent to said curve 28'50'14'' West, 106.19 feet to the beginning of a tangent curve concave Eaf and having a radius of 800.00 feet; thence along said curve through a cc angle of 13'21'49" an arc distance of 186.59 feet; thence North 15'28'25" 30.00 feet more or less to the Southerly right of way line of Marron Road# sidelines of said 84 foot wide street shall terminate with 20.00 foot I returns at said Southerly right of way line of Marron Road. PARCEL 3 Portions of Lots 22, 23, 24, 25 and of Eucalyptus Street in Hosp Euca: Forest Company' 8 Tract No. 1, in the City of Carlsbad, County of San I State of California, according to Map thereof No. 1136, filed in the Off] the County Recorder of San Diego County, June 8, 1908, described as follows Commencing at the most Southwesterly corner of Lot 25 in said tract; ' along the Southwesterly line of said Lot 25 North 23'27'45" West 195.00 thence North 68'30'20" East 360.41 feet; thence North 18'09'57" West 40t8 to the beginning of a tangent curve concave Northeasterly and having a rad 1042.00 feet; thence Northwesterly along said curve through a central an, 01'38'58" an arc distance of 30.00 feet to the True Point of Beginning; continuing along said curve through a central angle of 12'56'24" an arc di of 235.33 feet; thence tangent to said curve North 03'34'35" West 94.02 f the beginning of a tangent curve concave Southwesterly and having a rad 458.00 feet; thence Northwesterly along said curve through a central arq 22'18'38" an arc distance of 178.34 feet; thence tangent to said curve 25'53'13" West 189.20 feet to the beginning of a tangent curve c Northeasterly and having a radius of 1042.00 feet; thence Northwesterly said curve through a central angle of 10'17'57" an arc distance of 187.30 thence tangent to said curve North 15'35'16'' West 108.41 feet to the beg of 8 tangent curve concave Southwesterly and having a radius of 20.00 thence Northwesterly along said curve through a central angle of 88"16 ' arc distance of 30.82 feet to a point of reverse curve concave Norther having a radius of 838.50 feet; thence Westerly along said reverse curve 1 a central angle of 32'08'52" an arc distance of 470.47 feet; thence 07'34'20'' West 213.72 feet; thence South 64'59'00" East 248.29 feet; South 2S053'13" East 590.00 feet; thence South 66O45'50" East 330.26 feet True Point of Beginning. Excepting therefran an 84 foot wide strip of land, 42 .OO feet each side following described centerline: Cmmencing at a point on the Westerly line of said Lot 25 distant there01 23'27'45" West, 195 .OO feet from the Southwest corner thereof; thence said Westerly line North 68'37 '10" East (record North 68'30'28" East pel 402.52 feet to the True Point of Beginning; thence North 18'03'07" West, feet to the beginning of a tangent curve, concave Easterly and having a of 1000.00 feet; thence dong said curve through a central angle of 14"35' arc distance of 254.64 feet; thence tangent to said curve North 3'27'44' 109.90 feet to the beginning of a tarigent CGKV~, cancave 'sbestetly ed h I. I? I -. I \I .'.a 9 l&J B -, , \ \ LEGAL DESCRIPTION ORDER NO. 900394-2 radius of 800.00 feet, thence along said curve through a central ang. 25'22'30" an arc distance of 354.30 feet; thence tangent to said curve, 28'50'14" West, 106.19 feet to the beginning of a tangent curve concave Eas and having a radius of 800.00 feet; thence along said curve through a ce awle of 13'21'49" an arc distance of 186.59 feet; thence North 15"28'25" 30.00 feet more or less to the Southerly right of way line of Marron Road. sidelines of said 84 foot wide street shall terminate with 20.00 foot x returns at said Southerly right of way line of Marron Road. jaltaf ,. , -. 1 \. "a u rl2ll) 1 , > LEGAL DESCRIPTION ORDER NO. 925612-2 The land referred to herein is situated in the State of California, Count San Diego, and is described as follows: PARCEL 4 Those portions of Lots 19, 20, 21, and 33 and of Eucalyptus Street in EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, in the City of Carlsbad, County of Diego, State of California, according to Map thereof No. 1136, filed in Office of the County Recorder of San Diego County June 8, 1908, describe follows: Commencing at the Southeast corner of said Lot 20; thence along the Easl line thereof, North 06'58'00" East 278.00 feet to the TRUE POINT OF BEGIN? thence South 70'28'24" West 505.81 feet; thence North 89"29'00" West 213.74 to a point on a non-tangent 462.52 foot radius curve concave Northwester radial line of which bears South 49'22'30" East to said point; t Northeasterly along the arc of said curve through a central angle of 05'24 a distance of 43.72 feet; thence tangent to said curve, North 35'12'35" 449.44 feet to the beginning of a tangent 490.00 foot radius curve co Southeasterly; thence Northeasterly along the arc of said curve, throt central angle of 37"47'39", a distance of 323.22 feet; thence tangent to curve North 73'00'14" East 111.94 feet to the beginning of a tangent 20.00 radius curve concave Southwesterly; thence Easterly and southeasterly alon arc of said curve, through a central angle of 86'40'30", a distance of feet to the beginning of a reverse 842.00 foot radius curve co Northeasterly; thence Southeasterly along the arc of said curve, thror central angle of 24'45'00", a distance of 363.72 feet; thence South 44'5 West 161.50 feet to a point which bears North 70'28'24" East from the TRUE OF BEGINNING; thence South 70'28'24" West 69.19 feet to the TRUE POI) BEGINNING EXCEPTING THEREFROM those portions lying Northeasterly of the Southwesterll of said Eucalyptus Street. PARCEL 5 Those portions of Lots 19 and 20 in HOSP EUCALYPTUS FOREST COMPANY'S TRA( 1, in the City of Carlsbad, County of San Diego, State of California, accc to Map thereof No. 1136, filed in the Office of the County Recorder of San County, June 8, 1908, described as follows: ,L ,( I , .. .> ,* Qr 17a .> ', LEGAL DESCRIPTIOIJ ORDER NO. 925612-2 Beginning at the Southeast corner of said Lot 20; thence along the Soutf line of said Lots 20 and 19, North 89'29'00" West 781.61 feet to a point non-tangent 462.52 foot radius curve concave Northwesterly, a radial lin which bears South 29'16'10" East to said point; thence Northeasterly along arc of said curve through a central angle of 20'06'20" a distance of 16 feet; thence South 89'29'00" East 213.74 feet; thence North 70'28'24" 505.81 feet to an intersection with the Easterly line of said Lot 20; tl along said Easterly line, South 06'58'00" West 278.00 feet to the Poin Beginning. PARCEL 6 Those portions of Lots 19, 20, 21, and 33 of Eucalyptus Street in EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, in the City of Carlsbad, County of Diego, State of California, according to Map thereof No. 1136 filed in Office of the County Recorder of San Diego County June 8, 1908, describe follows: Commencing at the Southeast corner of said Lot 20; thence along the Easl line thereof; North 06'58'00'' East 278.00 feet to the TRUE POINT OF BEGIm thence South 70'28'24" West 505.81 feet; thence 89'29'00" West 213.74 feet point on a non-tangent 462.52 foot radius curve concave Northwesterly, a rz line of which bears South 49'22'30" East to said point; thence Northeasi along the arc of said curve, through a central angle 05'24'55", a distanc 43.72 feet; thence tangent to said curve, North 35'12'35" East 449.44 fec the beginning of a tangent 490.00 foot radius curve concave Southeast4 thence Northeasterly along the arc of said curve, through a central angl 37'47'39" a distance of 323.22 feet; thence tangent to said curve, 1 concave Southwesterly; thence Easterly and Southeasterly along the arc of curve, through a central angle of 86'40'30" a distance of 30.26 feet tc beginning of a reverse 842.00 foot radius curve concave Northeasterly; tl Southeasterly along the arc of said curve through a central angle of 24'45 a distance of 363.72 feet; thence South 44'55'44" West 161.50 feet to a ' which bears North 70'28'24" East from the TRUE POINT OF BEGINNING; thence 70'28'24" West 69.19 feet to the TRUE POINT OF BEGINNING. EXCEPTING THEREFROM those portions lying Southwesterly of the Southwesterly of said Eucalyptus Street. mr/sdm 73'00'14" East 11L94 feet to the beginning of a tangent 20.00 foot radius I ~ . " L! sx h ., ,, a.4? o . P R w .d u' i g ., Y'f' &I cc-lrn 7 a x.4 a, EW u m cru c 3 0. mu0 5*4u a, 3ffl a WCd m a0 CCmu 3 .d lil4 .-a m hC haJ a, (d rd urn ha c rncoal rn 0 u.4 a,*d u u u u< Li aJu c3 c aJ ha fflu 2 aJu4 Y .r( 74 u-c rl UP) Q I!& o OUP U 0 QUI Lmou LJ ma, 3co c -4 ua E a ah 3 caJmu a,U&O RXUa XaJLi a, rl u744 .a.d rd (d aJoLi N Li OW -4 c 0 LiYY c 3u 0 ODs c u 1: .d 3 -cu aau2 Li ad 0 a(d3a 63 x coOaJa, zu QEKJU co 60 0 0-0 rnhLi4-l - oa, wou 0 Li U" 2 a, rdP u3 'U c a m al -4 ra5 -003 rn h aJw a,cn.d aJ -4 >? R a0 0 *LiLi ad u tu74 rn t+ h3 m cda *4 (d 0 ux:cz cu acs..c 3 a-4 P) ou3u rz g, cj 4 0 I z 0 .. E < A a 2 ;> 0 0 %rn v I vr bnn~3mnU - AGt . 9 BILL .. >' :. \. AB# 8873 - 3 TITLE: DE CI1 CI1 5 HOSP GROVE ACQUISITION MTG.5/12/87, DEPT. CA RECOMMENDED ACTION: If the City Council wishes to complete the acquisition of Ho your action is to adopt Resolution No. 9d68 approving acquisition agreement and authorizing the expenditure of the necessary funds. I ITEM EXPLANATION The City Council at your meeting of December 4, 1986 adopted acquisition of Hosp Grove. The agenda bill before the Counc Resolution No. 8900 asking the City's voters to approve the that meeting contained a letter of intent with the terms and conditions for the acquisition negotiated by the Council corn The Council's action in adopting the resolution constituted of the letter and directed our office to proceed with comple transaction if the voters approved. Since the election, our has been working with the property owner and developers to p the documentation necessary to complete the acquisition. Th process has been held up because of difficulties encountered efforts to secure .dismissal of the Friends of Hosp Grove law The agreement with the property owner/developers calls for a escrow on or before June 2, 1987. If that date cannot be me price increases $150,000. In an attempt to meet that deadli bringing the documentation forward for Council approval reco that all of the problems have not yet been resolved. A furt report will be given to the Council at your meeting of May 1 It may be necessary to continue the matter or, in the altern approve it with conditions or contingencies. The documents Council and we recommend their approval. If the City Counci concurs, your action is to adopt Resolution No. ,qa(o&- appr acauisition agreement and authorizing the expendlture of the necessary funds. consistent with the letter of intent previously approved by I EXHIBIT Resolution No. 9068 December 4, 1986 Letter of Intent Acquisition Agreement (to be distributed separately) " /I : . .1 , 'I ' \I 1' 'I i '. , ' I11 2 11 I 3 4 6 5l 7 81 I i~ lo I 911 I' 11 I 12 j a a ma 98 $5 8 g-dZ z05a GEsg mEz< +>9 vr_Ncg 55 $ ow4 LL, ZWOd wzoa 20 >o I] 13 I! I' !' -14 '~ 15 16 I' 1 I /I I? /I; k V j/ 18 i; I! 19 I/ 21 i! I 1 20 Ii 22 I I 23 I/ il 24 11 !I iI 25 1' 26 [ 27 /I I 28 ii I I 1 i I. *' \E -1724. RESOLUTION NO. 9068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA APPROVING THE AGREEMENT FOI THE ACQUISITION OF HOSP GROVE AUTHORIZING ITS EXECUTION BY THE MAYOR AND APPROPRIATING THE NECESSARY FUNDS. The City Councii of the City of Carlsbad, Calif] does hereby resolve as follows: 1. That certain agreement between the City of ( and the property owners and developers of Hosp Grove for acquisition of Hosp Grove, marked Exhibit A and made a p hereof, is hereby approved. 2. That the Mayor is authorized and directed tc said agreement for and on behalf of the City of Carlsbad. 3. That the City Council hereby approves expend of City funds as necessary to complete the acquisition of Grove. The City Manager is hereby authorized to make tho funds available consistent with previous Council directio the matter in an amount as required and at a time necessa close the escrow in accordance with the acquisition aqree PASSED, APPROVED AND ADOPTED at a regular meetinc the City Council of the City of Carlsbad held the 12th of bY , 1987, by the following vote to wit ' AYES: Council Members Lewis, Kulchin, Pettine, Mamaux < NOES: None ABSENT : None CLAUDE A UWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City! Clerk ,I . .. 'e G 172P % \ ANENDED AND RESTATED AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY THIS AGREEMENT is made and entered into as of this,: of May, 1987 by and among the parties identified as Sell( on the signature page hereof (herein Collectively "Selle The Ohark Development Company, a California corporation (herein tIO&ark") and the City of Carlsbad, a RUniciPal corporation (herein "City" ) - WITNESSETH WHEREAS, Seller is the fee owner of certain parcels property in the City of Carlsbad known as Parcels D, E, J and F, each of which parcels are more particularly descr: Exhibit A attached hereto and by this reference made a Pz hereof. parcels D, E, E Prime and F are hereinafter somf collectively referred to as the ''ProPertY"; WHEREAS, Grove Apartments Investment CO. and Ohark entered into that certain Agreement for Purchase and Sal€ Real Property and Escrow InstrUCtiOnS, dated as of May 31 1985, which was from time to time amended (the "&hark Agreement"), and which provided for the sale to Ohark Of Parcels D, E and E Prime. All of Odmark's right, title 2 ., .. ., .. 1726 0 .. interest in, to and under the Odmark Agreement are herei after referred to as the "Odmark Rights"; \ WHEREAS, Seller and City each are parties to that certain Agreement for Purchase and Sale of Real Property dated as of July 10, 1986 (the "Purchase Agreement"); WHEREAS, pursuant to the Purchase Agreement, on November 4, 1986 a ballot measure was submitted to the vc of the City of Carlsbad regarding, among other things, tl acquisition of the Property by the City. Such ballot mea received slightly less than the 2/3 affirmative vote requ and therefore was not approved; WHEREAS, given the closeness of said vote, the City nevertheless determined to acquire the Property upon the threat, and in lieu of, condemnation of the Property, and purchase and have assigned to it the Odmark Rights, provi it obtained the requisite vote of the registered voters within the City authorizing or approving such acquisition WHEREAS, the City caused the Acquisition Ballot Meas1 to be submitted to the voters of the City of Carlsbad at special election held on March 3, 1987, which Acquisition Measure was approved by receiving a majority of the votes therefor, and which authorized the City to acquire the Prc -2- .. '1 . .. * 172. , , and the Odmark Rights for cash and for the "Purchase Pric hereinafter defined); and WHEREAS, Seller and City desire to amend and restate entirety said Purchase Agreement solely in accordance wit terms hereof. NOW, THEREFORE, in consideration of the mutual promi covenants hereinafter contained, and for other good and v consideration the receipt of which is hereby acknowledged parties hereto agree that the Purchase Agreement is hereb amended and restated in its entirety as follows: 1.0 Purchase and Sale of Property - Assignment and Acceptance of Odmark Rights. 1.1 As used herein, the term "Property Close 0, Escrow" denotes the time at which Seller's deed conveying to the Property to the City is recorded. 1.2 City hereby agrees to purchase, and Sellel hereby agrees to sell, the Property, and Odmark hereby ag~ to assign, and City hereby agrees to accept, the Odmark Rights on or before July 3, 1987 on the terms and subject the conditions hereinafter set forth. The purchase price the Property and the Odmark Rights (the "Purchase Price") shall be $6,457,834.55 if the Property Close of Escrow occ -3- .e u 100 .. ,, .. ., on or before June 2, 1987, and $6,572,934.55 if the Prop( Close of Escrow occurs after June 2, 1987 but before Juli 1987. Subject to Section 3.0 hereof, the Purchase Price shall be payable in cash, or by certified or cashier's ct through Escrow and shall be disbursed as follows: To Sel $5,755,000.00 if the Purchase Price is $6,457,834.55, or $5,870,100.00 if the Purchase Price is $6,572,934.55; to Odmark, $702,834.55. Upon the Property Close of Escrow, Seller shall immediately remit to Odmark the sum of $225, representing the amount of all deposits previously paid to Seller by Odmark under the Odmark Agreement. The City hereby acknowledges that it shall have no right or claim 1 any of such deposits. 1.3 All parties hereto shall execute and delivc to Escrow an Agreement for Settlement of Disputes and MutL Releases (hereinafter the "Release Agreement") in the form Exhibit B attached hereto, which Agreement shall be bindin and effective upon the Property Close of Escrow. 1.4 Odmark and City shall execute and deliver t Escrow an Assignment of the Odmark Rights in the form of Exhibit C attached hereto, which Escrow shall deliver to tl City upon the Property Close of Escrow. -4- 0 .. . ,. , u I?@ .' 1.5 Not later than five (5) business days fol 1 ing the execution hereof, Seller, City and Odmark shall an escrow ("Escrow") with First American Title Insurancc Company ("Escrowholder") and shall deposit with Escrowhc fully executed counterparts of this Agreement for use a: Escrow Instructions, together with Escrowholder's usual of supplemental escrow instructions (if any) for transac of this type; provided, however, that such supplemental instructions shall be for the purpose of implementing t: Agreement and such instructions shall incorporate this Agreement by reference and shall specifically provide t: provision thereof shall have the effect of modifying th Agreement unless it is so expressly stated and initiale' behalf of City, Seller, and Odmark. By such deposit, Escrowholder is hereby authorized and instructed to act accordance with the provisions of this Agreement. Sell City, and Odmar-L shall each deposit such other instrume documents and €:crnds as are necessary to effect the clos escrow in accordance with the terms hereof. 1.6 The parties hereto acknowledge and agree the Revised Stipulated Judgment by and between Seller a City dated September 9, 1986, (the "Revised Stipulated Judgment't) is and shall remain in full force and effect pending the Property Close of Escrow, and that, thereaf the rights of the parties hereto thereunder shall termi -5- I -n * 0 4p except as expressly provided in paragraph 2.6 of the Rei( Agreement (Exhibit B). The parties acknowledge and agret that, upon the Property Close of Escrow, the so-called If: Still Agreement" by and among the parties, dated July 10, 1986, shall automatically terminate and be of no further force and effect as to the rights of any party hereto con cerning the Property. 2.0 Policy of Title Insurance. 2.1 At the Property Close of Escrow, Seller sh furnish through the Escrowholder, at Seller's expense, a I Standard Coverage Owners' Policy of Title Insurance for t: Purchase Price (excluding the amount allocated to the Odmz Rights) from First American Title Insurance Company insur: title to the Property vested in City, subject to those matters ("Permitted Exceptions") identified on Exhibit D hereto, and the lien of taxes not delinquent. Seller beli that it will be able to deliver a title policy at the appr priate Close of Escrow in accordance with the requirements hereof. If, however, the title company shall be unwilling issue such policy in such condition, City may waive the discrepancy and close this transaction in accordance with terms, or object to the discrepancy, in which case the tra action (and all of the City's obligations hereunder) shall terminace, and Seller shall not be liable to City for damac -6- .. .. 8. <, 0 i, w1 2.2 Real property taxes and assessments shal. aid by Seller through the Close of Escrow based on the 1 tax information available to Escrowholder. Escrow shal: notify the County of San Diego that the Property has bet to a public entity, and shall request cancellation of a] real property tax or assessment obligations which other1 would be required from and after Close of Escrow, Sell( shall convey title to the City in and to the Property b, grant deed; provided, that such grant deed shall recite it is made subject to all matters of record and the Per: Exceptions. 2.3 City shall pay one half of the Cost of E and Odmark and Seller shall each pay one quarter. Sell shall pay the Expense of any local documentary taxes. Recording and other miscellaneous costs and expenses sh be shared in accordance with the custom of the Escrowholder. 3.0 Exchange of Property. 3.1 The parties identified herein as Seller owned the Property (other than Parcel F) as partners of partnership, and own Parcel F as shown on Exhibit F. P to the Property Close of Escrow, Seller has caused or w cause such partnership to distribute the Property to tZ respective Sellers so that the transactions contemplate -7- a .. w' f 7,;, <. hereby will take place at the individual partner level. Accordingly, each individual partner is a separate Selle even though it is agreed that the respective closing wit each of the Sellers are to be concurrent and conditional one another. In addition, each Seller shall have the ri as to his interest (or any portion thereof) in the Prop€ to elect to cause the transaction as to such interest ox such portion(s) to close as a "tax free exchange" pursuz to the provisions of Section 1031 of the Internal RevenL Code. In the event that any such Seller shall elect to the transaction to close as a "tax free exchange", City such individual Seller agree that no such exchange shal: delay any Close of Escrow hereunder; and each Seller ag] that the City shall be indemnified from any expenses or which may be incurred in connection with such exchange. 4.0 Condition of Property. 4.1 City acknowledges that neither Seller no1 Odmark, nor any of Seller's or Odmark's employees, agen' representatives have made any warranties or representat: concerning or regarding the suitability of the Property construction or support of structures of any type, its 1 a public recreational facility, or for any other purpos' use. -8- a .. .. L (0133 '8. a 5,O Representations and Warranties. 5.1 The city hereby represents and warrants t Seller and Odmark as follows: 5.1.1 City has the full and lawful power authority to enter into this Agreement and consummate th' transactions contemplated hereby and by the Acquisition Ballot Measure. 5.1.2 The City has completed the require( environmental documentation in compliance with the Califc Environmental Quality Act, relative to the acquisition 0: Property, and the City's Planning Commission has made thc requisite finding relative to the acquisition of the ProF pursuant to California Governmental Code Section 65402. 5.1.3 The City has no present intention t develop the Property other than for park and/or open spac purposes. 5.2 Odmark hereby represents and wai:rants to Seller and City as follows: 5.2.1 Odmark is a corporation duly argani and validly existing and in good standing under the laws the State of California and has all requisite corporate p and authority to enter into this Agreement and to carry 0. the transactions contemplated hereby. 5.2.2 All necessary or appropriate corpori acts and procedures required for authorization, execution -9- .. .. e i -rJ3Y delivery of this Agreement by Odmark have been lawfully i properly taken. 5.2.3 Other than an assignment to Collin: Development Corporation ("Collins") , Odmark has not assic (a) the Odmark Rights and/or Odmark Agreement, or (b) an! claims that it may have under, arising out of, or in connection with Odmark's attempts to develop the Propert1 and/or the Odmark Agreement, and/or the Odmark Rights. 5.3 Seller hereby represents and warrants to t City and Odmark as follows: 5.3.1 That as to that portion of the Prop other than Parcel F, ana subject to paragraph 3.0 above, it is a general partnership organized and existing under laws of the State of California, having its principal plal of business in the County of Los Angeles, California, and authorized to execute this Agreement on behalf of Selle-. 5.3.2 That those persons identified as Sed have among them persons with the full authority necessary fully and completely convey all right, title, and interest Parcel F to City. 5.4 All representations and warranties contain€ in this Agreement and any of the Exhibits hereto made by 2 of the parties hereto shall survive the Property Close of Escrow. - 10- .. .. '. 'J) 173 4 0 6.0 Rescission of Government Actions, Dismissal of ' Litigation, Assumption of Liabilities, Indemnities, and Release of Claims. 6.1 Seller, Odmark and City hereby agree that upon the Property Close of Escrow, City shall rescind th actions and decisions of the City Council of the City ce ying a Final Environmental Impact Report concerning the proposed development of the Property, and approving a Ge: Plan Amendment, Land Use Plan, Site Development Plan, 20: changes, and Master Plan amendments concerning the Prope which were and are the subject of a referendum petition "City actions and decisionsff). 6.2 Seller, Odmark and City shall, upon the Property Close of Escrow, each release any claims it ma] have against any other party hereto with regard to any 01 City actions and decisions. 6.3 Seller, Odmark and City hereby agree that, upon the Property Close of Escrow, Seller and Odmark shal file a Request for Dismissal of Civil Action No. N36215, entitled Odmark Development Company, et al. v. City of Carlsbad, et al., each party to bear its own costs. - 11- 0 ,. O1 ud6 '. 6.4 Seller, Odmark and City hereby agree to execute the Agreement for Settlement of Lawsuit and Rele attached hereto as Exhibit H, and hereby authorize their attorneys to execute and cause to be filed a Request for Dismissal Without Prejudice of the action entitled "Friends of Hosp Grove, etc. v. City of Carlsbad, being Action No. N35426 in the San Diego Superior Court. 6.5 Upon the Property Close of Escrow, City SI execute and deliver to Seller and Odmark concurrently wi- the close of such Escrow, a general release of Seller an( Odmark and of their agents, employees and partners (in tl form of Exhibit B) from any and all claims, losses or den of any kind whatsoever arising out of or connected with t condition of the Property previously or hereafter existir occurring upon the Property or unsuitability of the Prop€ for any use, and hereby agrees to hold Seller and Odmark harmless from any such claims, etc. brought by a purchase user of any of the Property from City, except any claims, etc. arising from any negligent acts of Seller, Odmark or their agents. 6.6 Odmark agrees to indemnify, defend and hol Seller and the City, or either of them, harmless from and against any and all claims, demands, suits, loses, damage costs, expenses (including attorneys' fees), and liabilit -12- I. .* 'a 4 ,1737 @ which may be imposed on, incurred by, or asserted againsl Seller or the City, arising out of or in connection with based on Odmark's breach of the warranties and represent; tions contained in paragraph 5.2.3 above, and further agr to obtain from Collins and to deliver to Escrow an Agreen and Release in the form of Exhibit G attached hereto. .. 6.7 City hereby agrees (a) to release and disc Seller from any and all of the obligations of Seller undc the agreements identified on Exhibit E hereto, and (b) tc assume and fully and timely perform all of the obligatior Seller under the agreement identified on Exhibit E-1 here 7.0 Miscellaneous. 7.1 Attorneys' Fees. If either City, Seller o Odmark commences an action against the other to enforce a of the terms of this Agreement or because of the breach b City, Seller or Odmark of, or any dispute concerning, any the terms hereof, or if Escrowholder commences any action with regard to the Escrow, the losing or defaulting party shall pay to the prevailing party (and to Escrowholder in case of any action by Escrowholder) reasonable attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action. - 13- .. .I .. 1 e " "P .. 7.2 Notices. All notices, deliveries and dem: of any kind which any party may be required or may desire give or serve upon another shall be made in writing and c be delivered by personal service or sent by registered ox certified mail, postage prepaid, return receipt requestec the address of that party set forth below: If to City: City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008-1989 Attention: City Manager With a copy to: Vincent F. Biondo, Esq. City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, California 92008-1989 Attention: City Manager If to Seller: HFH, Ltd. 10738 W. Pic0 Boulevard Suite 3 Los Angeles, California 90064 With a copy to: Sidley & Austin 2049 Century Park East, 35th Flo Los Angeles, California 90067 Attention: Howard J. Rubinroit, and John Bartman 9601 Wilshire Boulevard Suite 810 Beverly Hills, California 90210 If to Odmark: Odmark Development Company 1747 Hancock Street, Suite B San Diego, California 92101 With a Copy to: Peterson, Thelan & Price 530 "B" Street San Diego, California 92101-4454 .Attention: John D. Thelan, Esq. -14- .. .. .. 0 U llYW , Any such notice sent by mail shall be deemed to have bee1 *. received by the addressee on the fifth business day aftel posting in the United States mail unless actually receive earlier. A party may change its address by giving the ot parties written notice of its new address as herein provi 8.0 General Provisions. 8.1 Effect of Waivers and Consents. No waiver default by any party or parties hereto shall be implied f any failure or omission by a party or parties to take any action on account cf such default if such default persist is repeated, and no express waiver shall affect any defau other than the default specified in the express waiver, a that only for the time and to the extent therein stated. or more waivers of any covenant, term or condition of thi Agreement by a party or parties shall not be construed to a waiver of any subsequent breach of the same or any othe covenant, term or condition. The consent or approval by i party or parties shall not be deemed to waive or render unnecessary the consent to or approval by said party or parties of any subsequent or similar acts by a party or parties. 8.2 Modification of Agreement. This Agreement be amended, modified or changed only by a written instrumc signed by City, Seller and Odmark. In the event of any -15- .. ,1 * .. .- 'e *G 106 .. t. conflict between the provisions of this Agreement and an subsequent escrow instruction, as such may be amended fr time to time, this Agreement shall control as between Ci. Seller and Odmark unless the escrow instructions express state that this Agreement is being amended thereby and s escrow instructions are signed by City, Seller and Odmar 8.3 Construction of Agreement. The language : all parts of this Agreement shall be in all cases constrt simply according to its fair meaning and not strictly fo: against any of the parties hereto. Headings at the begir of Sections and Subsections of this Agreement are solely the convenience of the parties and are not a part of thi: Agreement. When required by the context, whenever the singular number is used in this Agreement, the same shall include the plural, and the plural shall include the sinq the masculine gender shall include the feminine and neute genders and vice versa; the word "person" shall include corporation, partnership or other form of association; an the words "City", "Seller" and "Odmark" shall include the respective heirs, personal representatives, successors an assigns, if any, of them. 8.4 Choice of Law. This Agreement and the tra action herein contemplated shall be construed in accordan with and governed by the laws of the State of California -16- _. . L 0 d @!I applicable to instruments in all respects made, deliverec and to be performed solely within the State of California I. 8.5 Merger of Prior Agreements and Understandi This Agreement, the Revised Stipulated Judgment, and the Exhibits hereto and thereto contain the entire understand between the parties relating the purchase of the Property assignment of the Odmark Rights and all prior or contempo aneous agreements, understandings, representations and statements, oral or written, are merged herein and shall of no further force or effect. 8.6 Further Acts. Each party, upon the request the other, agrees to perform such further acts and to exec and deliver such other documents and instruments as are reasonably necessary to carry out the provisions of this Agreement. 8.7 Severance. Should any portion of this Agreement be declared invalid and unenforceable, then sucl portion shall be deemed to be severed from this Agreement shall not affect the remainder thereof. 8.8 Rule Against Perpetuities. The transaction contemplated hereby must be consummated, if at all, within the time permitted by the Rule Against Perpetuities, -17- .. \. 8 "il ' llbz including modifications thereof, currently in force in t \. \. >. State of California. 8.9 Incorporation of Exhibits. Exhibits A th H are hereby incorporated into this Agreement as if set in full at the reference thereto herein. 8.10 Memorandum of Agreement. Subject to the following sentence, City shall not record this Agreement any evidence hereof. However, at the request of City, S and Odmark shall execute a memorandum with respect to th Agreement which City is hereby authorized to cause to be recorded in the Official Records of San Diego County. SI memorandum shall not change or otherwise affect any of tl obligations or provisions of this Agreement. 8.11 Execution in Counterparts. This Agreemenl be signed in counterpcrts with the same effect as if all parties hereto had signed the same signature page. All counterparts shall be construed together and shall consti one Agreement. Any signature page of this Agreement may detached from any counterpart without impairing the legal effect of any signatures thereon, and may be attached to another counterpart identical in form thereto but having attached to it one or more additional signature pages. -18- '0 ' I -." z J @ 4 3 .I ., x, 8.12 Effect of Agreement to Purchase Price. C. ., 9. agrees that it will not argue in any legal or equitable proceeding between it, Seller and Odmark, or any of them, that Seller's and Odmark's agreement herein to the Purch: Price (as it relates to both the Property and the Odmark Rights, respectively), or Seller's and Odmark's executior this Agreement is evidence of the fair market value of tl- Property or of the Odmark Rights. 8.13 Limitation of Remedies. It is hereby agre that other than as a result of the City's failure to purc the Property at the Property Close of Escrow and/or to pa the Purchase Price specified herein, no party hereto shal have the right to recover or seek recovery of damages fro! the other by reason of any breach or default by such othe party of any of the terms of this Agreement, and that the sole recourse for any such breach or default shall be to seek non-compensatory relief, including, but not limited 1 by way of writ of mandamus or prohibition, declaratory relief, injunctive relief, specific performance, contempt, similar remedies. 8.14 Purchase Agreement Superseded. Upon the fL execution of this Agreement by the parties hereto and the delivery of this Agreement to each party, this Agreement s automatically supercede the Purchase Agreement; the Purcha -19- ** .. I ‘I 0 .\ 8 ,* 9744 ~. ., Agreement shall be of no further force and effect; and SC ’ .. City shall be relieved of all obligations under the Purci Agreement. 8.15 Survival. The representations and warrant contained herein shall survive the Property Close of Escr IN WITNESS WHEREOF, City, Seller and Odmark hav executed, or caused this Agreement to be executed by thei authorized officers, agents or representatives, as of the year first above written. GROVE APARTMENTS INVESTMENT a partnership ’& .” I . .- - - - - - I ._ ,#.. “ By: .: 1. L- / ._I. < ., .. ’ Its: * /’ /, . .. .. I .. .- - I\ H.F.H., LTD., a California limited partnershq By: I ROBERT GZIZ .‘ J Its: General Partner BERNARD CITRON TRUST 4: - : ( ” pi. /ZJ , -7 1 A /- By:(_ i-8 L . - - - - / /f-.c ~~ -y- - .. Its: )1 / - L-: _- __.” r. I - (.,; f ?, - “ -. LL - ” i ’ g- ,/ .‘,c-( L (. :.* 1- f FRED A. BARTMAN, JR. . -20- ~. \I -e 0 ]1"r.&&: 0 t c. MARITAL TRUST UNDER THE W: WILLIAM S. BARTMAN j: _, " I. ' By: ,, * i ., b . .*. Its: /\ 1, - ! ._ , ! ;. L RESIDUARY TRUST UNDER THE OF WILLIAM S. BARTMAN ~. 7 By: l4' 1- .-'' ,,';. / __ : . ' Its: ,/ - I. " THE CIT F CA LSB By : &(//$ .' // 7,; ~. // d, Its: \q .\y 0 A THE ODMARK DEVELOPMEN By : r tz Its: yms/a3A-- 0 FORM AND CONTENT: 2 PETERSON, THELAN & PRI John Thelan SIDLEY & AUSTIN Howard J. dubinroit HJR187B -21- i r I\ * \ * .o 1746 .o I , \”’ i ”. CERTIFICATION FOR ACCEPTANCE OF DEED This is to certify that the interest in real property conveyed by the deed or grant dated May 26, 1987 from married man and Harry J. L. Frank, Jr., a married man and Cecile C. to the City of Carlsbad, California, a municipal corporation H.F.H., LTD., a California Limited Partnership and Fred A. Bartman, Bartman, Trustee of the Bernard Citron Trust is hereby accepted by the City Council of the City of Carlsb California pursuant to resolution No. 9068 , adopted On May 12, 1987 , and the grantee consents to the recordation thereof by its duly authorized officer. DATED: June 2, 1987 By : & d%?y ALETHA L. RAUTENKRANZ, City Clc - i> * -c PONDITIONS AND STIPULAT~~NS* (Continued from inside front cover) the Company for such insured, and all costs, on by such insured with the written authorization attorneys' fees and expenses in litigation carried of the Company. been definitely fixed in accordance with the con- IC) When the amount of loss or damage has ditions of this policy, the loss or damage shall be payable within 30 days thereafter. 7. LIMITATION OF LIABILITY No claim shall arise or be maintainable under this policy (a) if the Company, after having received sured against hereunder, by litigation or other- notice of an alleged defect, lien or encumbrance in- wise, removes such defect, lien or encumbrance or establishes the title, or the lien of the insured mort- gage, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination bv a or (b) a mortgage hereafter executed by an insured which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy. The Company shall have the option to apply to the payment of any such mortgage any amount that otherwise would be payable hereunder to the insured owner of the estate or interest cov- ered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner. The provisions of this paragraph 9 shall not apply to an owner of the indebtedness secured by the insured mortgage, unless such insured acquires title to said estate or interest in satisfaction of said indebtedness or any part thereof. IO. SUBROGATION UPON PAYMENT OR SETTLEMENT 11. LIABILITY LIMITED TO THI! This instrument together with a ments and other instruments, if any, att, to by the Company is the entire polic Any claim of loss or damage, whe based on negligence, and which arises status of the lien of the insured mortga title to the estate or interest covered any action asserting such claim, shall b to the provisions and conditions and stil this policy. policy can be made except by writin No amendment of or endorseme hereon or attached hereto signed by Assistant Secretary, or validating office1 President, a Vice President, the Sec ized signatory of the Company. tract between the insured and the Cornp court of competent jurisdiction, and disposition of Whenever the Company shall have paid or all appeals therefrom, adverse to the title or to the settled a claim under this policy, all right of sub this policy for endorsement of such pi No payment shall be made withoul vided in paragraph 3 hereof; or (c) for liability any act of the insured claimant, except that the proof of such loss or destruction shall b lien of the insured mortgage, as insured, as pro- rogation shall vest in the Company unaffected by less the policy be lost or destroyed, in voluntarily admitted or assumed by an insured owner of the indebtedness secured by the insured to the satisfaction of the Company. without prior written consent of the Company. mortgage may release or substitute the Personal f2. NOTICES, WHERE SENT liabilitv of any debtor or quarantor. or extend or 8. REDUCTION OF INSURANCE; TERMINA- TION OF LIABILITY All payments under this policy, except pay- ment made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto; provided, however, if the owner of the indebtedness secured by the insured mortgage is an insured here- under, then such payments, prior to the acquisition of title to said estate or interest as provided in paragraph 2 (a) of these Conditions and Stipub tions, shall not reduce pro tanto the amount of the sured, except to the extent that such payments insurance afforded hereunder as to any such in- by such mortgage. reduce the amount of the indebtedness secured Payment in full by any person or voluntary satisfaction or release of the insured mortgage shall terminate all liability of the Company to an insured owner of the indebtedness secured by the insured mortgage, except as provided in paragraph 2 (a) hereof. 9. LIABILITY NONCUMULATIVE insurance underthis policy, as to the insured owner It is expressly understood that the amount of of the estate or interest covered by this policy, shall be reduced by any amount the Company may pay under any policy insuring (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, otherwise modify the terms of payment, or re All notices required to be given thc lease a portion of the estate or interest from the and any statement in writing required collateral security for the indebtedness, provided home office at 4-21 North Main Street, lien of the insured mortgage, or release any nished the Company shall be addressed such act occurs prior to receipt by such insured California, 92701, or to the office w~ of notice of any claim of title or interest adverse this policy. to the title to the estate or interest or the priority of the lien of the insured mortgage and does not sured mortgage. The Company shall be subrogated result in any loss of priority of the lien of the in- to and be entitled to all rights and remedies which such insured claimant would have had against any person or property in respect to such claim had this policy not been issued, and the Company is here by authorized and empowered to sue, compromise or settle in its name or in the name of the insured to the full extent of the loss sustained by the Com- pany. If requested by the Company, the insured shall execute any and all documents to evidence the within subrogation. If the payment does not cover the loss of such insured claimant, the Com- pany shall be subrogated to such rights and reme- dies in the proportion which said payment bears to the amount of said loss, but such subrogation shall should resultfrom any act of such insured claimant, be in subordination to an insured mortgage. If loss such act shall not void this policy, but the Com- pany. in that event, shall as to such insured claimant be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation. .X' .‘ * 93 . 93~53-- __ _- _ ---- __ N f; . -- -_.. _ 9/J. - -- - . I /,’ . / i ' 0 ,/ .i . , I:/ . . . -_ -z -0 1’ .- - 4 - 0 MI SE! 0 A c i \ ’ \ ’ \ \ t \ .I , First American Title Insurance Company 41 1 IW STREET e P.O. BOX 808 * SAN DIEGO, CA92112-9931 (619) 238-1776 _.--" .. A'.. : . A,;,; "" /, . ;. /* ..... j' [\J I, I " CITY OF CARLSSAD and Date: F.ug1.1.st 5, E987 ", "Lttscn: City 24iazlager /James Elliott 1200 Elm Avenue Carl~bad, CA 92008-1929 7 ESCi-op: No. 9445395 ., Re; Parcels 3, E, z ".iiT;e & F, 33Sp 3cCALi:PTUS FOREST " $1:~ ?::close herewith S,$s f~lio;tri::g in connection p~ith the abc;ve yiu;psbere<L escr~p~ Original. Gnners TolFr;y number 900398-2 ?!e appreciate lla;.7i;zg had tilis opport~.ni'iv to ;)e of sz-rvice :a yo;.;.. Very truly yov.rs: p , *:ST ~~v:~~~(-'-'J~; TITL'LiE - ... ... *h4& - ". Kate $Tej:?ec - Jescrow Officer e,T n 111 \ d>&"@$$ q "fi'Ic w: .. t ~~~~~~~~~~~~~~~~~~~~ 4./ 'd ,& & k$g?** -t .'%<,&,* 4&-."\"/&~'& \&#@@@@ #4f .b-. i @Si! *w,'* '2?-;$%? ?#,, PA*;.' *"4 Ai#>- ""k.. c:;;2,::c~,%$- CLTA STANDARD COVERAGE POLICY w ORDER NO. 9003 LAD SCHEDULE A TOTAL FEE FOR TITLE, EXAMINATION AND TITLE INSURANCE $5,179.50 AMOUNT OF INSURANCE: $5,755,000.00 DATE OF POLICY: JUNE 2, 1987 AT 8:OO A.M. 1. NAME OF INSURED: CITY OF CARLSBAD, A MUNICIPAL CORPORATION 2. THE ESTATE OR INTEREST REFERRED TO HEREIN, IS AT DATE OF POLICY VESTED IN: CITY OF CARLSBAD, A MUNICIPAL CORPORATION 3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED IN SCHEDULE C AND WHICH IS COVERED BY THIS POLICY IS: FEE PAGE 1 w COVERAGE POLICY w ORDER NO. 9003 SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE, NOR AGA COSTS, ATTORNEYS' FEES OR EXPENSES, ANY OR ALL OF WHICH ARISI REASON OF THE FOLLOWING: PART ONE: 1. TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSM: ON REAL PROPERTY OR BY THE PUBLIC RECORDS. PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY RESULT IN TAXES ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS, WHETHER OR NOT S: BY THE RECORDS OF SUCH AGENCY OR BY THE PUBLIC RECORDS. 2. ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECT101 THE LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THERE01 3. EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH NOT SHOWN BY THE PUBLIC RECORDS. 4. DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AI ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WC DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS. 5. (A) UNPATENTED MINING CLAIMS: (B) RESERVATIONS OR EXCEPTIONS PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WI! RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MAT9 EXCEPTED UNDER (A) , (B) , OR (C) ARE SHOWN BY THE PUBLIC RECORI 6. ANY RIGHT, TITLE, INTEREST, ESTATE OR EASEMENT IN LAND BEYOND LINES OF AREA SPECIFICALLY DESCRIBED OR REFERRED TO IN SCHEC C, OR IN ABUTTING STREETS, ROADS, AVENUES, ALLEYS, LANES, WAYS WATERWAYS, BUT NOTHING IN THIS PARAGRAPH SHALL MODIFY OR LI THE EXTENT TO WHICH THE ORDINARY RIGHT OF AN ABUTTING OWNER ACCESS TO A PHYSICALLY OPEN STREET OR HIGHWAY IS INSURED BY 'I POLICY. PAGE 2 eS L "e C ,w f *\ .#%&g%$~ ,,$?$@*" :/ <>&p**k -Y + &&p+ ">,,<d&* P'**~ ** &\gq.%y& *% ",I? .,. p6 x/x&d Lfi f 44.i"""- ~~~~~~~~-,,~~~~~~~~~ .".$<&$g ;y@2&%$% 'd,S. ?."a >e. i ~, "*,z,*- q , , , ,%%$4.*,&?" ",;" CLYA STANDARD COVERAGE POLICY w ORDER NO. 9003 7. ANY LAW, ORDINANCE OR GOVERNMENTAL REGULATION (INCLUDING BUT LIMITED TO BUILDING AND ZONING ORDINANCES) RESTRICTING REGULATING OR PROHIBITING THE OCCUPANCY, USE OR ENJOYMENT OF LAND, OR REGULATING THE CHARACTER, DIMENSIONS OR LOCATION OF IMPROVEMENT NOW OR HEREAFTER ERECTED ON THE LAND, OR PROHIBI A SEPARATION IN THE OWNERSHIP OR A CHANGE IN THE DIMENSION! AREA OF THE LAND OR ANY PARCEL OF WHICH THE LAND IS OR Wi PART, WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS AT DATE POLICY, OR THE EFFECT OF ANY VIOLATION OF ANY SUCH LAW, ORDIN; OR GOVERNMENTAL REGULATION, WHETHER OR NOT SHOWN BY THE PU: RECORDS AT DATE OF POLICY. 8. RIGHTS OF EMINENT DOMAIN OR GOVERNMENTAL RIGHTS OF POLICE PC UNLESS NOTICE OF THE EXERCISE OF SUCH RIGHTS APPEARS IN PUBLIC RECORDS. 9. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS, OR OTHER MAT'. (A) WHETHER OR NOT SHOWN BY THE PUBLIC RECORDS AT DATE OF POL! BUT CREATED, CAUSED, SUFFERED, ASSUMED OR AGREED TO BY INSURED CL"i (B) NOT SHOWN BY THE PUBLIC RECORDS AND OTHERWISE EXCLUDED FROM COVERAGE BUT KNOWN TO THE INST CLAIMANT EITHER AT DATE OF POLICY OR AT THE DATE SUCH CLAII ACQUIRED AN ESTATE OR INTEREST INSURED BY THIS POLICY OR ACQU: THE INSURED MORTGAGE AND NOT DISCLOSED IN WRITING BY THE INS1 CLAIMANT TO THE COMPANY PRIOR TO THE DATE SUCH INSURED CLAII BECAME AN INSURED HEREUNDER; (C) RESULTING IN NO LOSS OR DAI TO THE INSURED CLAIMANT: (D) ATTACHING OR CREATED SUBSEQUENq DATE OF POLICY; OR (E) RESULTING IN LOSS OR DAMAGE WHICH wc NOT HAVE BEEN SUSTAINED IF THE INSURED CLAIMANT HAD BEE: PURCHASER OR ENCUMBRANCER FOR VALUE WITHOUT KNOWLEDGE. PAGE 3 +5 T nN.rcfiI .. li Cd " ' m CLTA STANDARD COVERAGE POLICY ORDER NO. 9003 SCHEDULE B PART TWO: THE FOLLOWING ITEMS AFFECT PARCELS 1, 2 AND 3: 1. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HE1 DESCRIBED PROPERTY LYING WITHIN CANYON DRIVE AS DISCLOSED BY ON FILE IN THE OFFICE OF THE COUNTY ASSESSOR OF SAN DIEGO COUl 2. AN EASEMENT FOR SEWER AND INCIDENTAL PURPOSES IN FAVOR OF CITY OF CARLSBAD, RECORDED DECEMBER 13, 1973 AS FILE 73-344773 OF OFFICIAL RECORDS, DESCRIBEID A6 FOLLOWS: 12.00 FEET, THE CENTERLINE OF SAID EASEMENT DESCRIBED AS FOLL( A PORTION OF HOSP EUCALYPTUS FOREST COMPANY IS TRACT NO. ACCORDING TO MAP NO. 1136 FILED IN THE OFFICE OF THE COT RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBE1 FOLLOWS : BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF SAID E EUCALYPTUS FOREST COMPANY'S TRACT NO. 1; THENCE NORTH 88"58l WEST (RECORD SOUTH 89"44'00" WEST) ALONG THE SOUTHERLY LINE SAID TRACT NO. 387.92 FEET; THENCE NORTH l"01'32" EAST, 5 FEET; THENCE NORTH 76"4115211 WEST 42.30 FEET TO THE TRUE POINl BEGINNING; THENCE ALONG THE FOLLOWING BEARINGS AND DISTANC NORTH 76"41'52'' WEST, 123.00 FEET; NORTH 41°1115011 WEST, 255 FEET; NORTH 27"52'4511 WEST, 254.38 FEET; NORTH 18"29'40ll WI 336.41 FEET; NORTH 22"2110511 WEST, 325.66 FEET; NORTH 31"47' WEST, 360.11 FEET; NORTH 18'03'07" WEST, 357.86 FEET: NC 14"48'45" WEST 302.30 FEET; NORTH 9"25'40" WEST 288.66 FE NORTH 25"56'35l' WEST, 372.99 FEET; AND NORTH 15°2812611 WE 168.94 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 3. AN AGREEMENT REGARDING PROPOSED ROADWAYS, DATED OCTOBER 26, 19 UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GROVE APARTMENTS INVESTMENT CO. KAMAR CONSTRUCTION CO. RECORDED: MARCH 20, 1978 AS FILE NO. 78-108597 OF OFFIC RECORDS. A MODIFICATION OF THE 1977 AGREEMENT BETWEEN ADJACENT L OWNERS, DATED OCTOBER 26, 1977, EXECUTED UPON THE TER PAGE 4 T AMER, la IO e5 < 5 Cd CLTA STANDARD COVERAGE POLICY ORDER NO. 9003! COVENANTS AND CONDITIONS CONTAINED THEREIN, RECORDED OCTOBER 1978 AS FILE NO. 78-440517 OF OFFICIAL RECORDS. A SECOND MODIFICATION TO 1977 AGREEMENT BETWEEN ADJACENT I OWNERS, DATED NOVEMBER 3, 1982, EXECUTED UPON THE TEI COVENANTS AND CONDITIONS CONTAINED THEREIN, RECORDED NOVEMBER 1982 AS FILE NO. 82-363510 OF OFFICIAL RECORDS. 4. AN EASEMENT FOR PUBLIC WATER LINE AND INCIDENTAL PURPOSES FAVOR OF THE CITY OF CARLSBAD, RECORDED AUGUST 30, 1979 AS 1 NO. 79-365413 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: PARCEL 1: A STRIP OF LAND 14.00 FEET IN WIDTH, THE WESTERLY LINE THE1 LYING 6.00 FEET EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 62, CARLSBAD TF NO. 72-11 ACCORDING TO MAP NO. 7682, FILED IN SAID OFFICE COUNTY RECORDER; THENCE NORTH 71 ' 30 I 20" EAST ALONG THE BOUNI OF SAID MAP NO. 7682, A DISTANCE OF 201.10 FEET TO THE TRUE PC OF BEGINNING; ALSO BEING A POINT ON THE CENTERLINE OF AN EXIS'I 12.00 FOOT EASEMENT FOR SEWER PURPOSES GRANTED TO THE CITY CARLSBAD BY DEED RECORDED IN SAID OFFICE OF THE COUNTY RECOE ON DECEMBER 13, 1973 AS FILE NO. 73-344774 OF OFFICIAL RECOI THENCE ALONG THE FOLLOWING BEARINGS AND DISTANCES OF SAID SI EASEMENT CENTERLINE: NORTH 18°29'40'1 WEST, 33.27 FEET; NORTH 22"21V05VV WEST, 325 FEET; NORTH 31"47'301' WEST, 360.11 FEET; NORTH 18°03'0711 WE 357.86 FEET; NORTH 14"48'251V WEST, 302.30 FEET; NORTH 9'25' WEST, 288.66 FEET; NORTH 25°56'35g1 WEST, 372.99 FEET; THE CONTINUING ALONG SAID SEWER EASEMENT CENTERLINE NORTH 15'28' WEST, A DISTANCE OF 124 FEET, MORE OR LESS, TO A POINT ON SOUTHERLY RIGHT OF WAY LINE OF MARRON ROAD GRANTED AND DEDICZ-! TO THE CITY OF CARLSBAD FOR ROADWAY PURPOSES BY DEED RECORDEI: SAID OFFICE OF THE COUNTY RECORDED ON DECEMBER 23, 1976 AS E NO. 76-431713 OF OFFICIAL RECORDS. EXCEPTING THEREFROM ALL THAT PORTION OF THE ABOVE DESCRI EASEMENT SOUTHEASTERLY OF THE NORTHWESTERLY LINE OF PARCE: WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF LOT 25, H EUUUXX"J FOREST COMPANY'S TRACT NO. 1, ACCORDING TO MAP 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DI COUNTY, STATE OF CALIFORNIA; THENCE NORTH 23 ' 27 1 45" WEST, PAGE 5 %5 3 Ap'=ef c- w a e CLTA STANDARD COVERAGE POLICY ORDER NO. 9003 DISTANCE OF 195.00 FEET TO THE TRUE POINT OF BEGINNING, BEING NORTHWESTERLY LINE OF PARCEL 3 WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE ABOVE DESCRIBED TRUE POINT OF BEGINNING; TH: NORTH 68*3012011 EAST, A DISTANCE OF 902.35 FEET; THENCE N1 61"25'08'' EAST, A DISTANCE OF 305.23 FEET: THENCE SOUTH 89'18 EAST, A DISTANCE OF 557.72 FEET TO A POINT ON A NONTANGENT C CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 310.00 FEE2 RADIAL LINE OF SAID POINT BEARS NORTH 84"47'53" WEST; TH NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE 4lo33'0Ot1, AN ARC DISTANCE OF 224.81 FEET; THENCE SOUTH 89"18 EAST, A DISTANCE OF 46.07 FEET TO A POINT THAT BEARS Nc 00" 56' 20" EAST, WHICH IS THE EAST LINE OF SAID HOSP EUCALY: FOREST COMPANY'S TRACT NO. 1. THE SIDELINES OF THE ABOVE DESCRIBED 14.00 FOOT STRIP OF : SHALL BE EXTENDED OR SHORTENED TO TERMINATE ON THE GRAN! SOUTHERLY OR NORTHERLY BOUNDARY LINES BEING THE ABOVE DESCR: NORTHWESTERLY LINE OF PARCEL 3 AND THE SOUTHERLY RIGHT OF LINE OF MARRON ROAD. PARCEL 2: A STRIP OF LAND 26 FEET IN WIDTH LYING WESTERLY OF AND CONTIGI TO THE WESTERLY LINE OF THE NORTHERLY 80.00 FEET OF THE AI DESCRIBED PARCEL 1. THE SIDELINES OF THE ABOVE DESCRIBED PARCEL 2 SHALL BE EXTEI OR SHORTENED TO TERMINATE ON THE GRANTORS NORTHERLY BOUNDARY I WITH THE ABOVE MENTIONED SOUTHERLY RIGHT OF WAY OF MARRON ROAI REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 5. AN EASEMENT FOR BUILDING, INSPECTING, MAINTAINING, REPAIRING, REMOVING A DESILTATION BASIN AND APPURTENANT ACCESS ROAD INCIDENTAL PURPOSES IN FAVOR OF THE CITY OF CARLSBAD OR PI CAMINO REAL, RECORDED MARCH 13, 1980 AS FILE NO. 80-087187 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 29, CARLSBAD TRACT 76-18, MAP NO. 8956, FILED IN THE OFFICE OF THE COUNTY RECOX OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, ON AUGUST 11, 1978 S POINT ALSO BEING IN THE NORTHERLY LINE OF MARRON ROAD (82 I RIGHT OF WAY); THENCE EASTERLY ALONG SAID LINE ON A CURVE CONC NORTHWESTERLY HAVING A RADIUS OF 758.00 FEET, A RADIAL BEAR THROUGH SAID POINT OF SOUTH 3 "12 '22'' EAST, THROUGH A CENT ANGLE OF 12 "22 1541', A DISTANCE OF 163.80 FEET; THENCE NC 74 ' 24 '44" EAST, 62.60 FEET; THENCE LEAVING SAID NORTHERLY I PAGE 6 w I CLTA STANDARD COVERAGE POLICY w ORDER NO. 90035 SOUTH 15'35'16" EAST, 82.00 FEET TO THE SOUTHERLY LINE OF MAI ROAD, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THI LEAVING SAID SOUTHERLY LINE SOUTH 15'35'16'' EAST, 243.00 F1 THENCE SOUTH 31'35'16lt EAST, 65.00 FEET; THENCE NORTH 58'24 EAST, 20.00 FEET; THENCE SOUTH 31'35116t1 EAST, 103.00 F1 THENCE SOUTH 58'24I44l1 WEST, 20.00 FEET: THENCE SOUTH 74'24 WEST, 273.00 FEET; THENCE NORTH 15"35'16'1 WEST, 116.00 F1 THENCE NORTH 37"35'1611 WEST, 259.00 FEET; THENCE NORTH 43'16 EAST, 122.015 FEET TO THE HEREINBEFORE MENTIONED SOUTHERLY 1 OF MARRON ROAD; THENCE EASTERLY ALONG SAID LINE ON A C1 CONCAVE NORTHWESTERLY HAVING A RADIUS OF 840.00 FEET, A RAI BEARING THROUGH SAID POINT OF SOUTH 4"50'16'' EAST THROUG CENTRAL ANGLE OF 10"45v00~t, A DISTANCE OF 157.603 FEET; THI NORTH 74'24'44" EAST, 62.60 FEET TO THE TRUE POINT OF BEGINNII REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PAR'PICULARS- 6. A CONTRACT FOR THE CREATION OF A LIEN FOR PAYMENT FOR PUI IMPROVEMENTS, DATED JANUARY 27, 1981, EXECUTED BY THE CITY CARLSBAD AND GROVE APARTMENTS INVESTMENT COMPANY, RECOl JANUARY 30, 1981 AS FILE NO. 81-030961 OF OFFICIAL RECORDS. 7. A CONTRACT FOR THE CREATION OF A LIEN FOR PAYMENT FOR PU] IMPROVEMENTS, DATED JANUARY 27, 1981, EXECUTED BY THE CITY CARLSBAD AND GROVE APARTMENTS INVESTMENT CO., RECORDED FEBRl 10, 1981 AS FILE NO. 81-041815 OF OFFICIAL RECORDS. 8. A CONTRACT FOR THE CREATION OF A LIEN FOR PAYMENT FOR PUI IMPROVEMENTS, DATED JANUARY 27, 1981, EXECUTED BY THE CITY CARLSBAD AND GROVE APARTMENTS INVESTMENT CO., RECORDED FEBRl 17, 1981 AS FILE NO. 81-048612 OF OFFICIAL RECORDS. 9. AN EASEMENT FOR DRAINAGE STRUCTURES AND INCIDENTAL PURPOSES FAVOR OF THE CITY OF CARLSBAD, RECORDED FEBRUARY 20, 1981 AS I NO. 81-052874 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS: A 30 FOOT WIDE STRIP OF LAND WESTERLY OF AND ADJACENT TO FOLLOWING DESCRIBED LAND: A PORTION OF LOT 25 OF HOSP EUCALYPTUS FOREST COMPANY'S TRACT 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN OFFICE OF THE RECORDER OF SAID SAN DIEGO COUNTY, JUNE 5, 1: AND DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT DISTANT THEREON 195.00 FEET FROM THE SOUTHWEST CORNER THERl THENCE NORTH 68'37'20" EAST (RECORD NORTH 68"30'28'' EAST PAGE 7 5T "':"9 IC w \+, ..*w' ~ ** ,f CLTA STANDARD COVERAGE POLICY v ORDER NO. 9003' DEED) 360.45 FEET; THENCE NORTH 18°0310711 WEST, 41.01 FEET TO BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVIN RADIUS OF 1042.00 FEET: THENCE ALONG SAID CURVE THROUGH A CEN' ANGLE OF 1"02'39", AN ARC DISTANCE OF 18.99 FEET TO THE I POINT OF BEGINNING: THENCE CONTINUING ALONG SAID CURVE THROU( CENTRAL ANGLE OF 2"44'58", AN ARC DISTANCE OF 50.00 FEET. REFERENCE IS MADE TO SAID INSTRUMENT FOR FURTHER PARTICULARS. 10. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, Dl JULY 23, 1985, UPON THE TERMS, COVENANTS, AND CONDIT: CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE ODMARK DEVELOPMENT COMPANY HFH LTD. AND THE GROVE APARTMI INVESTMENTS COMPANY. RECORDED: AUGUST 26, 1985 AS FILE NO. 85-308357 OF OFFI( RECORDS. 11. AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, D2 JULY 14, 1986, UPON THE TERMS, COVENANTS, AND CONDITl CONTAINED THEREIN. EXECUTED BY AND BETWEEN: GROVE APARTMENTS INVESTM COMPANY, ODMARK DEVELOPMENT CO. THE CITY OF CARLSBAD. RECORDED: JULY 24, 1986- AS FILE NO. 86-308954 OF OFFIC RECORDS. 12 - AN AGREEMENT REGARDING PAYMENT OF A PUBLIC FACILITIES FEE, DZ? JULY 14 r 1986, UPON THE TERMS, COVENANTS, AND CONDITl CONTAINED THEREIN. EXECUTED BY AND BETWEEN: COLLINS DEVELOPMENT CO., GF APARTMENTS INVESTMENT CO. AND CITY OF CARLSBAD. RECORDED: JULY 24, 1986 AS FILE NO. 86-308955 OF OFFIC RECORDS. 13. AN AGREEMENT TO PAY FEES FOR FACILITIES AND IMPROVEMENTS REQUIRED BY GROWTH MANAGEMENT SYSTEM, DATED SEPTEMBER 12, 19 UPON THE TERMS, COVENANTS, AND CONDITIONS CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE ODMARK DEVELOPMENT COMPANY THE CITY OF CARLSBAD. RECORDED: DECEMBER 4, 1986 AS FILE NO. 86-562044 OF OFFIC RECORDS. THE FOLLOWING ITEMS AFFECT PARCELS 4, 5 AND 6: PAGE 8 +5.' " " G n \r ,&4 g$@qp- q/l. IC <- I ~~~~~~~~~~~~~~ 4. ,d@p 4p Jf, ,@:%@@=?% &&p?~ <e "..;9 b&%%gw&tz &<'#,e ,&@$$qy e"s> 9. :+ &1.-. 4&< ,~?w- _,* " CLTA- STANDARD COVERAGE POLICY W ORDER NO. 9003 14. THE PRIVILEGE AND RIGHT TO EXTEND DRAINAGE STRUCTURES, EXCAVA' AND EMBANKMENT SLOPES BEYOND THE LIMITS OF ROAD SURVEY NO. WHERE REQUIRED FOR THE CONSTRUCTION AND NAINTENANCE OF ! HIGHWAY AS GRANTED IN DEED RECORDED FEBRUARY 26, 1941 IN : 1131, PAGE 419 OF OFFICIAL RECORDS. AFFECTS PARCELS 4 AND 5. 15. THE AFFECT OF A NOTICE OF CONSENT TO USE OF LAND, DATED FEBRI 17, 1982, UPON THE TERMS, COVENANTS, AND CONDITIONS CONTA: THEREIN RECORDED MAY 3, 1982 AS FILE NO. 82-128397 OF OFFI( RECORDS. 16. THE RIGHTS OF THE PUBLIC IN AND TO THAT PORTION OF THE HE1 DESCRIBED PROPERTY LYING WITHIN EUCALYPTUS STREET AS DISCLOSE1 MAP ON FILE IN THE OFFICE OF THE COUNTY ASSESSOR OF SAN D: COUNTY. 17. AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC RECREATION PURP( AND INCIDENTAL USES INCLUDING, BUT NOT LIMITED TO, PARK] AND EROSION CONTROL. FISHING, PICNICKING, GENERAL VIEWING, PUBLIC PROTECTION, POLI( 18. THE PUBLIC RIGHTS, IF ANY, OF NAVIGATION AND FISHERY. 19. ANY ADVERSE CLAIM TO ANY PORTION OF SAID LAND WHICH HAS I CREATED BY ARTIFICIAL MEANS OR HAS ACCRETED TO SUCH PORTIOfi CREATED. 20. AN AGmEMENT REGARDING THE PAYMENT OF A PUBLIC FACILITIES I DATED AUGUST 6, 1985, UPON THE TERMS, COVENANTS, AND CONDIT] CONTAINED THEREIN. EXECUTED BY AND BETWEEN: THE ODMARK DEVELOPMENT COMPANY H. F.H. , LTD. AND GROVE APARTME INVESTMENTS CO. RECORDED: AUGUST 26, 1985 AS FILE NO. 85-308358 OF OFFIC RECORDS. PAGE 9 I- ' m CLTA STANDARD COVERAGE POLICY ORDER NO. 9003 SCHEDULE C THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STAT1 CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: PORTIONS OF LOTS 8, 9, 10, 11, 12, 13, 14, 15 AND 16 IN 1 EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, IN THE CITY OF CARLS: COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THE: NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN D' COUNTY, JUNE a, 1908, DESCRIBED AS FOLLOWS! COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE ALONG EAST LINE OF SAID TRACT NORTH OO"56'20" EAST, 2263.66 FEET, 1 POINT BEING SOUTH 00 ' 56 t 20" WEST, 414.74 FEET FROM THE WEST QUAi CORNER OF SECTION 32, TOWNSHIP 11 SOUTH, RANGE 4 WEST, SAN BERNARI TRUE POINT OF BEGINNING; SAID POINT BEING ON A NON-TANGENT Cl CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 310.00 FEET, A RAI LINE TO SAID POINT BEARS NORTH 43' 14 '53It WEST; THENCE SOUTHWEST1 ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 41 " 3 3 I 00" , AN DISTANCE OF 224.81 FEET ; THENCE LEAVING SAID CURVE NORTH 89 O 18 WEST 557.72 FEET; THENCE SOUTH 61°2510811 WEST 305.23 FEET: THI NORTH lO"19'07'' WEST, 374.05 FEET: THENCE NORTH 79°40'53t' Ei 272.00 FEET; THENCE NORTH O2"01~3Og1 WEST, 699.16 FEET TO A POINT ( NON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 763 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 10°06t511n EAST; THI SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03"23'( 76°30100'' EAST, 350.95 FEET; THENCE NORTH 1.00 FOOT; THENCE S( 76"30t00't EAST, 339.00 FEET: THENCE SOUTH 350.00 FEET: THENCE SC 06"51'59" EAST 261.11 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEASTERLY CORNER OF CARLSBAD TRACT NO. 75 UNIT NO. 2, ACCORDING TO MAP THEREOF NO. 9813 FILED IN THE OFFICE THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, SEPTEMBER 26, 15 THENCE NORTH 1°01'10'' EAST, ALONG THE EASTERLY LINE OF SAID E EUCALYPTUS FOREST COMPANY'S TRACT NO. 1,843.48 FEET; THENCE NC 89 O 11'20" WEST, 46.07 FEET TO THE TRUE POINT OF BEGINNING AND BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND WVIfi RADIUS OF 310.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUG. CENTRAL ANGLE OF 41"32'50'', AN ARC DISTANCE OF 224.79 FEET; THE LEAVING SAID CURVE, NORTH 89"11'20" WEST, 30.085 FEET TO BASE AND MERIDIAN; THENCE NORTH 89"18'1011 WEST, 46.07 FEET TO AN ARC DISTANCE OF 45.00 FEET; THENCE TANGENT TO SAID CURVE S( PAGE 10 T AMER, a5 C" ,w m COVERAGE POLICY ORDER NO. 9003 BEGINNING OF A NON-TANGENT CURVE, CONCAVE SOUTHEASTERLY AND HAVIl RADIUS OF 340.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROW CENTRAL ANGLE OF 45"3511511 AND ARC DISTANCE OF 270.52 FEET; TH: LEAVING SAID CURVE SOUTH 6 ' 45 I 09" EAST, 3 6.41 FEET TO THE TRUE Pi OF BEGINNING. PARCEL 2: PORTIONS OF LOTS 8, 9, 10, 16, 17, 18, 23, 24, 25, CANON STREET OF EUCALYPTUS STREET IN HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORl ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFICE OF THE CO1 RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1908 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF LOT 25 IN SAID TFU THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 25 NORTH 23 a 27 ' WEST 195.00 FEET: THENCE NORTH 68°30v2011 EAST, 360.41 FEET TO TRUE POINT OF BEGINNING; THENCE NORTH 18"09'571g WEST, 40.89 FEE7 THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVIE RADIUS OF 1042.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THR( A CENTRAL ANGLE OF 14°35t28q1, AN ARC DISTANCE OF 265.33 FEET; THI TANGENT TO SAID CURVE NORTH 03 "34 '35" WEST 94.02 FEET TO BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVIN( RADIUS OF 458.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THRC A CENTRAL ANGLE OF 22"18'38", AN ARC DISTANCE OF 178.34 FEET; THI BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY AND HAVINl RADIUS OF 1042.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THR( A CENTRAL ANGLE OF 10'17 I 5711, AN ARC DISTANCE OF 187.30 FEET; THI TANGENT TO SAID CURVE NORTH 15" 35'16'' WEST, 108.41 FEET TO BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVINt RADIUS OF 20.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUC CENTRAL ANGLE OF 88"16'48*', AN ARC DISTANCE OF 30.82 FEET TO A PC OF CUSP WITH A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS 838.50, A RADIAL LINE TO SAID POINT OF CUSP BEARS SOUTH 13 "52' EAST; THENCE NORTHEASTERLY ALONG THE LAST MENTIONED CURVE THROUG CENTRAL ANGLE OF 01"43~12n, AN ARC DISTANCE OF 25.17 FEET; THE TANGENT TO SAID CURVE NORTH 74"24 r44" EAST 140.00 FEET TO BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVINC RADIUS OF 838.50 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THRO A CENTRAL ANGLE OF 13'24'4411, AN ARC DISTANCE OF 196.28 FEET; THE TANGENT TO SAID CURVE NORTH 61"OO'OO'' EAST, 174.31 FEET TO BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVINC RADIUS OF 761.50 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGI CENTRAL ANGLE OF 39"06'51'', AN ARC DISTANCE OF 519.85 FEET; THE SOUTH oao001~30~~ EA~T 699.16 FEET; THENCE SOUTH 79040*53** WEST, 272 FEET; THENCE SOUTH 10"191071* EAST 374.05 FEET; THENCE SOUTH 68'30' WEST, 541.94 FEET TO THE TRUE POINT OF BEGINNING. TANGENT TO SAID CURVE NORTH 25"53 '13" WEST 189.20 FEET TO PAGE 11 ,s' " - Ltt f C 7v ' CLTA STANDARD COVERAGE POLICY - ORDER NO. 9003 EXCEPTING THEREFROM AN 84 FOOT WIDE STRIP OF LAND, 42.00 FEET ' SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT 25 DIS' THEREON NORTH 23"27'45" WEST, 195.00 FEET FROM THE SOUTHWEST CO THEREOF: THENCE LEAVING SAID WESTERLY LINE NORTH 68°37'1011 (RECORD NORTH 68" 30'28'' EAST PER DEED) 402 -52 FEET TO THE TRUE P OF BEGINNING: THENCE NORTH 18"0310711 WEST, 38.57 FEET TO BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUI 1000.00 FEET: THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE 14°35'231@, AN ARC DISTANCE OF 254.64 FEET: THENCE TANGENT TO I CURVE NORTH 3"271441' WEST, 109.90 FEET TO THE BEGINNING OF A TAN( CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 800.00 FEET; TH: ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 a 22 g 30", AN DISTANCE OF 354.30 FEET: THENCE TANGENT TO SAID CURVE NORTH 28'50 WEST, 106.19 FEET TO THE BEGINNING OF A TANGENT CURVE CON1 EASTERLY AND HAVING A RADIUS OF 800.00 FEET; THENCE ALONG SAID Cl THROUGH A CENTRAL ANGLE OF 13"21'49'', AN ARC DISTANCE OF 186.59 FI THENCE NORTH 15 a 28 I25" WEST, 30.00 FEET, MORE OR LESS, TO FOOT WIDE STREET SHALL TERMINATE WITH 20.00 FOOT RADIUS RETURNS SAID SOUTHERLY RIGHT OF WAY LINE OF MARRON ROAD. SOUTHERLY RIGHT OF WAY LINE OF MARRON ROAD. THE SIDELINES OF SAII PARCEL 3: I PORTIONS OF ' LOTS 22, 23, 24, 25 AND OF EUCALYPTUS STREET IN E EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, IN THE CITY OF CARLSE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN Dl COUNTY, JUNE 8, 1908, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHWESTERLY CORNER OF LOT 25 IN SAID TRF THENCE ALONG THE SOUTHWESTERLY LINE OF SAID LOT 25 NORTH 23"27' WEST 195.00 FEET; THENCE NORTH 68'3O'2O1l EAST 360.41 FEET: THI NORTH 18" 09 '57" WEST 40.89 FEET TO THE BEGINNING OF A TANGENT CT. CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1042.00 FEET: THE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 a 38 '5 AN ARC DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING: THE CONTINUING ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12 "56'24'', ARC DISTANCE OF 235.33 FEET: THENCE TANGENT TO SAID CURVE NC 03"34'35" WEST 94.02 FEET TO THE BEGINNING OF A TANGENT CURVE CONC SOUTHWESTERLY AND HAVING A RADIUS OF 458.00 FEET: THE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22"18'2 AN ARC DISTANCE OF 178.34 FEET; THENCE TANGENT TO SAID CURVE NC 25"53 '13" WEST 189.20 FEET TO THE BEGINNING OF A TANGENT CLJ CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1042.00 FEET: THE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10 " 17 '5 PAGE 12 ,5 < *MLRI CA 'V a CLTA STANDARD COVERAGE POLICY ORDER NO. 90035 AN ARC DISTANCE OF 187.30 FEET; THENCE TANGENT TO SAID CURVE N( 15"35'16" WEST 108.41 FEET TO THE BEGINNING OF A TANGENT Cl CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 20.00 FEET; THI NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88 " 16 '4 AN ARC DISTANCE OF 30.82 FEET TO A POINT OF REVERSE CURVE CONC NORTHERLY AND HAVING A RADIUS OF 838.50 FEET; THENCE WESTERLY AI SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 32 " 08 '52", AN DISTANCE OF 470.47 FEET; THENCE SOUTH 07"34'20'* WEST 213.72 FI THENCE SOUTH 64"59'00" EAST 248.29 FEET; THENCE SOUTH 25"53'13t1 I 590.00 FEET; THENCE SOUTH 66"45150t1 EAST 330.26 FEET TO THE 1 POINT OF BEGINNING. EXCEPTING THEREFROM AN 84 FOOT WIDE STRIP OF LAND, 42.00 FEET 1 SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT A POINT ON THE WESTERLY LINE OF SAID LOT 25 DIS': THEREON NORTH 23 " 27 I 45'' WEST, 195.00 FEET FROM THE SOUTHWEST COT THEREOF; THENCE LEAVING SAID WESTERLY LINE NORTH 68°37v1011 I (RECORD NORTH 68"30'28" EAST PER DEED) 402 -52 FEET TO THE TRUE PC OF BEGINNING; THENCE NORTH 18"03'0711 WEST, 38.57 FEET TO BEGINNING OF A TANGENT CURVE, CONCAVE EASTERLY AND HAVING A RADIUZ 1000.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE 14°35'23tt, AN ARC DISTANCE OF 254.64 FEET; THENCE TANGENT TO S CURVE NORTH 3" 27 1 44" WEST, 109.90 FEET TO THE BEGINNING OF A TANC CURVE, CONCAVE WESTERLY AND HAVING A RADIUS OF 800.00 FEET ; THI ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25 ' 22 ' 3 0" , AN DISTANCE OF 354.30 FEET; THENCE TANGENT TO SAID CURVE, NC 28"50'14" WEST, 106.19 FEET TO THE BEGINNING OF A TANGENT CI CONCAVE EASTERLY AND HAVING A RADIUS OF 800.00 FEET ; THENCE AI SAID CURVE THROUGH A CENTRAL ANGLE OF 13 "21'49", AN ARC DISTANCE 186.59 FEET; THENCE NORTH 15°281251' WEST, 30.00 FEET, MORE OR LE TO THE SOUTHERLY RIGHT OF WAY LINE OF MARRON ROAD, THE SIDELINES SAID 84 FOOT WIDE STREET SHALL TERMINATE WITH 20.00 FOOT RAE RETURNS AT SAID. SOUTHERLY RIGHT OF WAY LINE OF MAFCRON ROAD. PARCEL 4: THOSE PORTIONS OF LOTS 19, 20, 21 AND 33 AND OF EUCALYPTUS STREEq HOSP EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, IN THE CITY CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO THEREOF NO. 1136, FILED IN THE OFFICE OF THE COUNTY RECORDER OF DIEGO COUNTY JUNE 8, 1908, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 20; THENCE ALONG EASTERLY LINE THEREOF, NORTH 06"58'00" EAST 278.00 FEET TO THE 9 POINT OF BEGINNING; THENCE SOUTH 70"28t241' WEST 505.81 FEET; THE NORTH 89"29'00" WEST 213.74 FEET TO A POINT ON A NON-TANGENT 462 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, A RADIAL LINE OF WHICH BE PAGE 13 CLTA STANDARD COVERAGE POLICY v, 0 ORDER NO. 9003 SOUTH 49"22'30t1 EAST TO SAID POINT: THENCE NORTHEASTERLY ALONG ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05"24'55", A DISTANC: 43.72 FEET; THENCE TANGENT TO SAID CURVE, NORTH 35'12'35" EAST 44 FEET TO THE BEGINNING OF A TANGENT 490.00 FOOT RADIUS CURVE CON' SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID C THROUGH A CENTRAL ANGLE OF 37"47'39", A DISTANCE OF 323.22 F THENCE TANGENT TO SAID CURVE NORTH 73 a 00'14'' EAST 111.94 FEET TO BEGINNING OF A TANGENT 20.06 FOOT UbfUs CURVE CONCAVE SOUTHWESTE THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THRd A CENTRAL ANGLE OF 86"40'30'', A DISTANCE OF 30.26 FEET TO BEGINNING OF A REVERSE 842.00 FOOT RADIUS CURVE CON( NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID C: THROUGH A CENTRAL ANGLE OF 24"45'00'', A DISTANCE OF 363.72 F: THENCE SOUTH 44'55 '44" WEST 161.50 FEET TO A POINT WHICH BEARS NI 70"289241t EAST FROM THE TRUE POINT OF BEGINNING; THENCE SI 70°28'241* WEST 69.19 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS LYING NORTHEASTERLY OF SOUTHWESTERLY LINE OF SAID EUCALYPTUS STREET. PARCEL 5: THOSE PORTIONS OF LOTS 19 AND 20 IN HOSP EUCALYPTUS FOREST COMPi TRACT NO. 1, IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STAT1 CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1136, FILED IN THE OFFIC: THE COUNTY RECORDER OF SAN DIEGO COUNTY, JUNE 8, 1908, DESCRIBE] FOLLOWS : BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 20 ; THENCE ALONG SOUTHERLY LINE OF SAID LOTS 20 AND 19, NORTH 89 a 29 '00'' WEST 78: FEET TO A POINT ON A NON-TANGENT 462.52 FOOT RADIUS CURVE CON( NORTHWESTERLY, A RADIAL LINE OF WHICH BEARS SOUTH 29'16'10" EASl SAID POINT; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THR( A CENTRAL ANGLE OF 20"06'20~r, A DISTANCE OF 162.30 FEET; THENCE S( 89°29'00't EAST 213.74 FEET; THENCE NORTH 70"281241t EAST 505.81 1 TO AN INTERSECTION WITH THE EASTERLY LINE OF SAID LOT 20; THI ALONG SAID EASTERLY LINE, SOUTH 06"58'00" WEST 278.00 FEET TO POINT OF BEGINNING. PARCEL 6: THOSE PORTIONS OF LOTS 19, 20, 21 AND 33 OF EUCALYPTUS STREET IN 1 EUCALYPTUS FOREST COMPANY'S TRACT NO. 1, IN THE CITY OF CARLSE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEE NO. 1136, FILE!D IN THE OFFICE OF THE COUNTY RECORDER OF SAN Dl COUNTY JUNE 8, 1908, DESCRIBED AS FOLLOWS: PAGE 14 v, .-: ."-. CL?A STANDARD COVERAGE POLICY w ORDER NO. 9003 COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 20; THENCE ALONG EASTERLY LINE THEREOF: NORTH 06p58100f1 EAST 278.00 FEET TO THE I POINT OF BEGINNING; THENCE SOUTH 70"2812411 WEST 505.81 FEET; TH: 89"29'00" WEST 213.74 FEET TO A POINT ON A NON-TANGENT 462.52 : SOUTH 49 " 22 t 30" EAST TO SAID POINT; THENCE NORTHEASTERLY ALONG ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05"24'55", A DISTANC: 43.72 FEET; THENCE TANGENT TO SAID CURVE, NORTH 35"12g35t1 EAST 44' FEET TO THE BEGINNING OF A TANGENT 490.00 FOOT RADIUS CURVE CON( SOUTHEASTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID Cl THROUGH A CENTRAL ANGLE OF 37"47'39", A DISTANCE OF 323.22 F1 THENCE TANGENT TO SAID CURVE NORTH 73 " 00 '14" EAST 111.94 FEET TO BEGINNING OF A TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTEI THENCE EASTERLY AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THR( A CENTRAL ANGLE OF 86"40'30", A DISTANCE OF 30.26 FEET TO BEGINNING OF A REVERSE 842 .OO FOOT RADIUS CURVE CONC NORTHEASTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID Cl THROUGH A CENTRAL ANGLE OF 24"45'00", A DISTANCE OF 363.72 F1 THENCE SOUTH 44'55l44" WEST 161.50 FEET TO A POINT WHICH BEARS NC 70'28'24'' EAST FROM THE TRUE POINT OF BEGINNING; THENCE sc 70"28'24" WEST 69.19 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THOSE PORTIONS LYING SOUTHWESTERLY OF SOUTHWESTERLY LINE OF SAID EUCALYPTUS STREET. RADIUS CURVE CONCAVE NORTHWESTERLY, A- RADIAL LINE OF WHICH B: PAGE 15 F~~NS. to84 (10173) California Land Title Association Standard Coverage Policy Form Copyright 1973 .@ L '? 51 AMEeJ . C <v v e POLICY OF TITLE INSURANCE ISSUED BY First American Title Iitsurance Company SUBJECT TO SCHEDULE B AND THE CONDITIONS AND STIPULATIONS HEREOF, FIRST AMERICAN TI INSURANCE COMPANY, a California corporation, herein called the Company, insures the insured, as of Date of PC shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and c attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein: 2. Any defect in or lien or encumbrance on such title; 3. Unmarketability of such title; or 4. Any lack of the ordinary right of an abutting owner for access to at least one physically open street or highway if the land, in fact, abuts upon one or more such streets or highways; and in addition, as to an insured lender only: 5. Invalidity of the lien of the insured mortgage upon said estate or interest except to the extent that such invalidity, or claim thereof, arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. Priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; or 7. Invalidity of any assignment of the insured mortgage, provided such assignment is shown in Schedule B. IN WITNESS WHEREOF, First American Title insurance Company has caused this policy to be signed and sealed b duly authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Compa; BY PRESIDE ATTEST k& c, 7-L.- SECRETA I31 I30 -w! siso3 ilk 'Aagod s!qi Aq ~su!efie pamsu! sol Aq uo paye3 uo!le6!~!1 u! paJnsu! ue uodn paso Aue 01 uqi!p,pc&u! 'Aed II!M Auedwo3 aql (4) aqa G &I aqz.l3aloJd 01 pajuenpe siunowe 01 se ' 'AqaJayl palnsas pue a6efii~ow palnsu! idaaxa 'b,!l@d 40 aiea 01 luanbasqns paleam ssau -paiqapir! led!3u!Jd leuo!i!ppe Aue apnpu! IOU lpqs iunowe q3ns pap!AoJd 'uoalaqi isalazu! snld 'ssau -palqapu! p!es 40 led!au!Jd p!edun aql jo wnowe aqi 'iuew!ep pamsu! aqi s! J~UMO p!es pap!noJd pue 'afie61~ow pamsu! ayi Aq paJn3as ssaupaiqapu! aqlJ0 Jal" aql SaJflSU! hlod S!qJ 4! (!!!) JO qoa~aq (e) z qdeJ6eJed u! pau!$ap se a3ueJns -u! 40 iunoue aqi 'alqe%ldde 4! 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